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Resolution No. GPFFA 2023-02 | Designating Officers and Employees as Ex Officio Positions | Adopted 02/27/2023RESOLUTION NO. GPFFA 2023-02 RESOLUTION OF THE BOARD OF DIRECTORS OF THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY DESIGNATING CERTAIN OFFICERS AND EMPLOYEES AS EX OFFICIO POSITIONS WHEREAS, the Gilroy Public Facilities Financing Authority (“Authority”) was established by the City of Gilroy (“City”) and the Community Development Agency of the City of Gilroy on March 21, 1994 pursuant to a joint powers agreement entitled “Joint Exercise of Powers Agreement Gilroy Public Facilities Financing Authority” (as amended, the “Agreement”) for the purpose, among others, of providing for the financing and refinancing of public capital improvements for the City; and WHEREAS, the Agreement was amended by the “First Amendment to Joint Powers Agreement” on July 1, 2013 to replace the Community Development Agency of the City of Gilroy with the Industrial Development Authority of the City of Gilroy as a party to the Agreement; and WHEREAS, Section 2.03 of the Agreement specifies that the members of the City Council of the City ex officio shall constitute the Members of the Board of Directors (“Board”) of the Authority. WHEREAS, Article III of the Agreement specifies that the officers of the Authority shall be the Chairman, Vice-Chairman, Secretary and Treasurer; and WHEREAS, Section 3.01 of the Agreement specifies that the Board of the Authority shall elect a Chair and Vice-Chair (as used herein and in any other Resolutions or official documents of the Authority, the terms Chair and Vice-Chair are equivalent to the terms Chairman and Vice-Chairman as used in the Agreement) from among the Board Members and shall appoint a Secretary who may, but need not, be a member of the Board; and WHEREAS, Section 3.02 of the Agreement specifies that the Director of Finance of the City is designated as the Treasurer of the Authority; and WHEREAS, Section 3.05 of the Agreement specifies that the Board shall have the power to appoint the Legal Advisor of the Authority, who may be the City Attorney of the City; and WHEREAS, the Board desires to designate the Chair, the Vice -Chair, the Secretary, and the Legal Advisor as ex officio positions; and WHEREAS, the Board interprets this designation of the Chair, the Vice-Chair, the Secretary, and the Legal Advisor as ex officio positions as satisfying the Board’s duty to elect a Chair and Vice-Chair from among the Board and to appoint a Secretary and Legal Advisor. Resolution No. GPFFA 2023-02 Designating Officers and Employees as Ex Officio Positions Gilroy Public Facilities Financing Authority Regular Meeting | February 27, 2023 Page 1 of 1 NOW, THEREFORE, BE IT RESOLVED, DETERMINED AND ORDERED BY THE GILROY PUBLIC FACILITIES FINANCING AUTHORITY AS FOLLOWS: SECTION 1. Recitals. Each of the foregoing recitals is true and correct. SECTION 2. Designation of Certain Officers and Employees as Ex Officio Positions. A. The Mayor of the City shall be ex officio the Chair of the Authority. B. The Vice-Mayor of the City shall be ex officio the Vice-Chair of the Authority. C. The City Clerk shall be ex officio the Secretary of the Authority. D. The City Attorney shall be ex officio the Legal Advisor of the Authority. SECTION 3. Effective Date. This Resolution shall take effect immediately upon adoption. PASSED and ADOPTED this 27th day of February 2023 by the following roll call vote: AYES: BOARD MEMBERS: ARMENDARIZ, BRACCO, CLINE, HILTON, MARQUES, TOVAR, BLANKLEY NOES: BOARD MEMBERS: NONE ABSTAIN: BOARD MEMBERS: NONE ABSENT: BOARD MEMBERS: NONE APPROVED: Marie Blankley, Chair ATTEST: _______________________ Thai Nam Pham, Secretary Marie Blankley (Mar 1, 2023 10:17 PST) Marie Blankley CERTIFICATE OF THE SECRETARY I, THAI NAM PHAM, Secretary of Gilroy Public Finance Facilities Authority, do hereby certify that the attached Resolution No. GPFFA 2023-02 is an original resolution, or true and correct copy of a authority Resolution, duly adopted by the Gilroy Public Facilities Financing Authority at a Regular Meeting of said held on Monday, February 27, 2023, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this Monday, February 27, 2023. ____________________________________ Thai Nam Pham, Secretary